What Happens if My Trademark Contains a Name, Signature, or Portrait?

If your mark includes a name, portrait, or signature that is of a living individual and you want to register the mark at the USPTO, you must provide the USPTO certain information regarding that individual.

The USPTO requires:

A statement that the name, portrait, or signature identifies a living individual, and

Written consent signed by the individual

Why? The USPTO wants a written consent to protect the individual’s rights of privacy and publicity.

When is consent needed for using the name, portrait, or signature of a living individual? When you use the:

Full name of an individual;

First name only;

Nickname;

Stage title;

Title;

Pseudonym; or

Surname.

Usually whenever the individual is well-know or famous or has public recognition under the name you are trying to trademark.

The USPTO provides some examples of names that could or do identify a particular living individual and for which a signed consent is required:

Full name: J.K. Rowling

Pseudonym (Robert Galbraith, the pseudonym for J.K. Rowling)

Stage Name (Cher)

Title (Prince Charles)

Nickname (THE BOSS for Bruce Springsteen)

Signature of a name (Bob Smith)

Portrait or likeness of an image (portrait of President Obama)

If the name, portrait, or signature identifies a particular living individual, you must provide both:

Choose one statement:

“The name shown in the mark identifies a living individual whose consent to register is made of record.”

“The signature shown in the mark identifies a living individual whose consent to register is made of record.”

“The portrait or likeness shown in the mark identifies a living individual whose consent to register is made of record.”

A written consent from the named/shown individual, personally signed by the individual, with the following language included:

“I consent to the use and registration of my name as a trademark and/or service mark with the USPTO.”

“I consent to the use and registration of my signature as a trademark and/or service mark with the USPTO.”

“I consent to the use and registration of my portrait or likeness as a trademark and/or service mark with the USPTO.”
If the name, portrait, or signature does NOT identify or depict a living individual, provide the following statement:

“The name, signature, or portrait shown in the mark does not identify a particular living individual.”